do sellers have to disclose this?

[Kenny Smith]

Do sellers have to disclose this...?

Whether you are a buyer or seller, the seller is required by law to submit what is called a seller property disclosure to the buyer, while under escrow. This disclosure is essentially a list of ALL of the features of the house, with the seller required to claim if they have any knowledge of any work, repairs, issues that are they are aware of.

So, this begs the question, what if there are issues going on with the house, but the seller has no knowledge of this?

This may be more common than most people think. A buyer moves into a home, the inspection came back clean OR the inspector missed a major issue with the house, the issue arises shortly after closing, and they immediately blame the seller.

The buyer reaches out to the seller and asked if they had any previous knowledge of the issue. If the seller had no prior knowledge of the issue, they are not held liable. Also, it is very important to distinguish the difference between assuming issues and proven issues. You can assume that if your home is built before 1980 and you have popcorn ceiling that there is asbestos in it. However, if it has never been tested, you don't know for sure and do not have to claim that as a seller.

If the seller DID have knowledge of it, whether that is through their own experience with the issue or a contractor informing them, they can be held liable and the buyer even has means to sue them for damages.

If you are a seller, and whether it is a bug infestation, gas leak, foundation issue, etc, do the right thing and claim all of these on your seller property disclosure. Nobody wants to deal with a lawsuit after closing :)